Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52690 of 2019 Applicant :- Babloo Opposite Party :- State of U.P.
Counsel for Applicant :- Anita Singh,Nirmla Kumari,Prem Babu Verma Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant Babloo, who is involved in Case Crime No. 42 of 2019, under sections 379 and 411 IPC, police station Kotwali Hathras, district Hathras, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is further submitted by learned counsel for the applicant that on 02.02.2019, first information report of theft of motor cycle bearing No. U.P. 86 J 5029 was lodged against unknown persons. Thereafter, on 04.06.2017, two persons, namely, Mahesh and Irshad Ali were apprehended by the police and on their pointing out, 19 motor cycles have been recovered, which was being supervised by co-accused Umesh and present applicant Babloo. It is further submitted by the learned counsel for the applicant that pursuant to the aforesaid recovery of 19 motor cycles, the applicant has been implicated in eight cases being Case Crime Nos. 146 of 2019, 161 of 2019, 83 of 2019, 159 of 2019, 81 of 2019, 143 of 2019, 160 of 2019 and 121 of 2019. It is next submitted that out of aforesaid eight cases, in four cases being Case Crime Nos. 159 of 2019, 143 of 2019, 121 of 2019 and 160 of 2019, the applicant has already been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 52464 of 2019, 52482 of 2019, 52491 of 2019 and 52494 of 2019 vide orders dated 27.11.2019. It is also submitted that prior to 04.06.2019, applicant has no criminal antecedent to his credit and is facing detention since 04.06.2019. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence.Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Babloo, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 28.11.2019 Sazia